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Questions Answered by Bruce Martin Broyles
2 Answers | Asked in Probate and Real Estate Law for Ohio on
Q: What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?

What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 21, 2025

Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Divorce, Business Law, Contracts and Real Estate Law for Ohio on
Q: Can I claim equity in a house bought with my husband's military death benefit?

My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 25, 2025

In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio on
Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 18, 2025

The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through...
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1 Answer | Asked in Traffic Tickets for Ohio on
Q: In Ohio, am I allowed to record audio of a speeding ticket hearing in a mayors court

This specific mayors court has been defined as a money grab and unlawful in the way it operates

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

The local rules of Court will provide the process for obtaining a copy of the Court proceedings, and whether there are provisions for making recordings by alternative means, or the local rules will provide that you can hire a court reporter to transcribe the proceedings.

1 Answer | Asked in Car Accidents for Ohio on
Q: My teenager took my his car that was in my name without permission and caused a car accident that he was at fault.

Now I’m being sued for the damages because the car was not insured and they’re threatening to suspend my license

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

If the car was used without your permission, then you are not responsible. The way the question was written gives the appearance that the car was in your name but used by your son. If that is the case, then you can be held liable. If found liable, then your license can be suspended until the... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Ohio on
Q: Window tint ticket in Ohio. Proof of insurance shown, but not marked on ticket. I have questions.

Received window tint ticket in OH. As the officer was handing me my ID and the ticket, he asked for proof of insurance (POI), which I showed him, but he had already marked that I did NOT provide POI on my ticket. When I showed him proof, he marked on my ticket (the carbon copy) that I showed... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

The main concern is the proof of insurance. You need to show up for Court in order to demonstrate proof of insurance.

I do not believe there is anything you can do about not marking proof of insurance on the ticket.

Removing the window tint may be helpful, but it is not a defense....
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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I want to pursue a lawsuit is it possible should I? Or any other advice to better assist me.

My landlord has not fixed anything that falls under the housing quality standards. I receive rental assistance and that program has failed me with NOT holding the landlord accountable. He is now asking for a rent increase. I’ve been suffering for approaching two years, only slept one time in the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

Many Courts in Ohio state that there is no claim for abatement of rent unless the tenant pursues a rent escrow account. If you have documentation take it to the Clerk of Courts and attempt to open an escrow account. If the Clerk will not accept your documentation, send a certified letter giving... View More

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1 Answer | Asked in Contracts for Ohio on
Q: Cash for homes wholesaler failed to close on a contract. Do they not owe me the money in escrow when contract states so?

This is how the language used in the contract. I held up my end of the deal, they failed to find the Buyer and close

Buyer will pay 1000 to escrow agent as an earnest money deposit if the buyer fails to close for any reason other than the contingencies described in the agreement then the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 15, 2025

Ohio Revised Code §4735.24 requires the escrow agent to maintain the funds in escrow until it receives an executed agreement directing the funds to be disbursed, or a final judgment of a Court directing the funds to be disbursed.

If the buyer will not execute a release, then you will have...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

He isn’t following zoning set back rules. I paid a surveyor to certify my property lines. He hasn’t registered his business with my county. He’s not treating my job as a priority and I’ve caught him with bad workmanship with pic proof. He’s been paid a full deposit of half the cost and in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 29, 2024

You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 6, 2024

For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 17, 2024

It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a question on buying a property with rented mobile home lots.

The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 3, 2024

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Contracts for Ohio on
Q: We sold a travel trailer to someone on payment and now they refuse to make the payments.

There was a handshake on the agreement of $10,000 for the travel trailer with payments of $300 a month until it was paid off. My husband agreed because the couple were in dire straights after a tornado had destroyed their trailer that they lived in full time. The stated that they had to have the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 30, 2024

You should file a complaint for breach of contract and replevin. The statute of frauds will pose a problem but you should be able to avoid the statute of frauds based upon partial performance.

You should file in municipal court

Process quicker and damages less than $10,000...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 11, 2024

Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2024

The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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